AirB&B

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  • Casey1709
    Casey1709 Posts: 225 Forumite
    edited 26 February 2019 at 12:55PM
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    Thanks for the helpful suggestions. Wanderingpomm is wrong, in the UK if you offer a business service (in this case accommodation for a fee) you cannot discriminate on the basis of gender.

    I did draft a letter before action which was quite therapeutic in itself. I wanted to include a print out of the offending host & property but when searching Airbnb it would appear their details have been deleted. Which is not a bad result and so I'll probably leave it there.

    One of the messages/excuses the host sent was about her husband not being home - it did make me wonder if they had an ulterior motive.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    Casey1709 wrote: »
    Thanks for the helpful suggestions. Wanderingpomm is wrong, in the UK if you offer a business service (in this case accommodation for a fee) you cannot discriminate on the basis of gender.


    You may be right, but Airbnb's Nondiscrimination Policy disagrees with you in some circumstances (in a section specifically addressed at US and EU hosts):


    Airbnb hosts may not
    • Decline to rent to a guest based on gender unless the host shares living spaces (for example, bathroom, kitchen, or common areas) with the guest.
    https://www.airbnb.co.uk/help/article/1405/airbnb-s-nondiscrimination-policy--our-commitment-to-inclusion-and-respect


    Do you have a link to say that this is contrary to UK law?
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    It seems the OP is now saying they were simply renting a room in a home; which means that the host can set any criteria they want; as opposed to renting a whole property.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Casey1709 wrote: »
    Thanks for the helpful suggestions. Wanderingpomm is wrong, in the UK if you offer a business service (in this case accommodation for a fee) you cannot discriminate on the basis of gender. - you are incorrect. This would be a domestic (aka lodger) type agreement as it seems you were staying with the people.

    I did draft a letter before action which was quite therapeutic in itself. I wanted to include a print out of the offending host & property but when searching Airbnb it would appear their details have been deleted. Which is not a bad result and so I'll probably leave it there.

    One of the messages/excuses the host sent was about her husband not being home - it did make me wonder if they had an ulterior motive.
    Such as what...
  • Wanderingpomm
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    Casey1709 wrote: »
    Thanks for the helpful suggestions. Wanderingpomm is wrong, in the UK if you offer a business service (in this case accommodation for a fee) you cannot discriminate on the basis of gender.

    I did draft a letter before action which was quite therapeutic in itself. I wanted to include a print out of the offending host & property but when searching Airbnb it would appear their details have been deleted. Which is not a bad result and so I'll probably leave it there.

    One of the messages/excuses the host sent was about her husband not being home - it did make me wonder if they had an ulterior motive.

    I’m not wrong. It’s in the AirBnB terms and conditions which are agreed to when you use the platform. You cannot force a woman to rent her spare room to a man with shared facilities and vice versa. Gender discrimination law does not apply if it’s not a business, a host that lives in the property is not a business service in this context. It’s the same as platforms such as spareroom.com

    You could sue but i’m not sure that you would win.
  • Casey1709
    Casey1709 Posts: 225 Forumite
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    I’m not wrong. It’s in the AirBnB terms and conditions which are agreed to when you use the platform. You cannot force a woman to rent her spare room to a man with shared facilities and vice versa. Gender discrimination law does not apply if it’s not a business, a host that lives in the property is not a business service in this context. It’s the same as platforms such as spareroom.com

    You could sue but i’m not sure that you would win.

    Airb&b terms do not overide national laws - suppose they said 'no blacks'? I'm sure you have access to google and can find the equality act.
    Comms69 wrote: »
    Such as what...

    Not sure what "what" you are referring to, but it is a business arrangement as money is passed between the (several) parties. Its not a private arrangement, its an advertised service. Not just cost recovery like say, paying a friend for the ingredients in a cake they bake for you.

    Whilst the host has the right to turn down anyone, they are not allowed to do it on protected characteristics which the communications clearly illustrated they have.

    Anyway, airb&b have removed the host from their website which resulted in her sending an abusive message, but hey ho.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Casey1709 wrote: »
    Airb&b terms do not overide national laws - suppose they said 'no blacks'? I'm sure you have access to google and can find the equality act. - They can deny anyone for ANY reason! It's their home.



    Not sure what "what" you are referring to - what ulterior motives... , but it is a business arrangement as money is passed between the (several) parties. - incorrect. You don't know the law behind this Its not a private arrangement, its an advertised service. - irrelevant Not just cost recovery like say, paying a friend for the ingredients in a cake they bake for you. - that is NOT the test. You don't know the law around this

    Whilst the host has the right to turn down anyone, they are not allowed to do it on protected characteristics which the communications clearly illustrated they have. - yes they are! Because they are private individuals. Just like i could tell you, that you aren't allowed in my home because you're male, white, 24, wearing make up or anything else.

    Anyway, airb&b have removed the host from their website which resulted in her sending an abusive message, but hey ho.



    Frankly mountain, meet molehill
  • ThumbRemote
    ThumbRemote Posts: 4,625 Forumite
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    Comms69 wrote: »
    They can deny anyone for ANY reason! It's their home.

    This is definitely incorrect.
    Casey1709 wrote: »
    Not sure what "what" you are referring to, but it is a business arrangement as money is passed between the (several) parties. Its not a private arrangement, its an advertised service.

    This may be incorrect, but we don't know.

    AirBnB provide guidance on whether it's a business arrangement or not.
    https://www.airbnb.co.uk/help/article/1321/legal-obligations-of-eu-business-hosts-offering-accommodations-for-rent-or-other-services-to-consumers-on-airbnb

    If it's a private arrangement you can discriminate.
    If it's a business arrangement you cannot.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    This is definitely incorrect.



    This may be incorrect, but we don't know.

    AirBnB provide guidance on whether it's a business arrangement or not.
    https://www.airbnb.co.uk/help/article/1321/legal-obligations-of-eu-business-hosts-offering-accommodations-for-rent-or-other-services-to-consumers-on-airbnb

    If it's a private arrangement you can discriminate.
    If it's a business arrangement you cannot.



    Go on, in what way is it incorrect?


    You're suggesting that you can demand access to their home are you?
  • ThumbRemote
    ThumbRemote Posts: 4,625 Forumite
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    Comms69 wrote: »
    Go on, in what way is it incorrect?

    You're suggesting that you can demand access to their home are you?

    It's incorrect because they may be running a business (as per the link I posted previously).

    The fact it is their house doesn't stop it also being a business, in which case they must follow the discrimination laws.
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